Applied on asylum, married to a US Citizen, Immigration told that assylum rejected

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premram

New Member
One of my friends who is from African country came here on Assylum. She applied for GC on Assylum. During the time, she married to a US Citizen and then applied for her GC thorugh married chanel. She moved to California. Her fingerprinting for GC has been done long time back and now she was told that she will be receiving her interview soon. But very recently, she received a letter from Immigration Department that her assylum case was rejected 3 years ago and that she didn't tell immigration about it but in fact she was not aware of it.

She forgot about her assylum case and she was under impression that she will get her GC since she married to a US Citizen.

After knowing about the rejection of Assylum case, she immediately went to DC to reopen her case so that it will not have any impact on her current GC processing.

While talking to the court there, she was told that the case will not be open again since it is 3 years now.

She was told by her lawyer that she should go out of country for atleast 3 months and come back again. This way, she will have a stamp in her passport of going out and coming back and will not have any impact on her current process and also will not be caught by INS.

She is not surewhat should she be doing? Will she be allowed back if she goes out? What type of assurance should she be getting from the court or the immigration if she goes out?

She was told by her lawyer that "Immigration Dept will put her in jail if she won't go out of the US".

I need serious advice only from those who really knows about it.........She is really a nice woman and has legitimate concern. She was in realy trouble when she left her country...It was not a fake case on asylum....
 
In most cases, an individual is allowed to adjust status through one route. Double route is not allowed. however, I was expecting that your friend's asylum based greencard would be denied, not her original grant of asylum. There are some questions that need clarifation though; For example, how did the asylum office get to know her double application? Did she tell them? if at the time she was filling the marriage based greencard application there were questions pertaining to other pending applications and she answered no and the services found out that that is big trouble and I think that is why they denied her asylum. She was supposed to tell them about the pending case. In this case, they would have asked her to abondon one of the applications. By the way if she has marriage based greencard in process why should she worry? If the marriage is going well she should get her greencard. Good luck to your freind...It was not good idea to that without knowing the full ramification of the process.
 
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